TAFE QUEENSLAND AWARD STATE 2016

Transcription

1 CITATION: TAFE Queensland Award State Modern Award TAFE QUEENSLAND AWARD STATE 2016 Table of Contents Page PART 1 - Title and Operation Title Operation Definitions and interpretation Coverage The Queensland Employment Standards and this Award Enterprise flexibility and facilitative award provisions... 6 PART 2 - Dispute Resolution Dispute resolution... 7 PART 3 - Types of Employment, Consultation and Termination of Employment Types of employment Termination of employment Redundancy Consultation - Introduction of changes PART 4 - Minimum Salary Levels, Allowances and Related Matters Classifications and minimum salary levels Allowances Superannuation PART 5 - Hours of Work and Related Matters Hours of duty Meal break Rest pauses Overtime Non-attendance time - Educators Class sizes - Educators PART 6 - Leave of Absence and Public Holidays Annual leave Personal leave... 52

2 23. Parental leave Long service leave Domestic violence leave Special leave Public holidays Jury service PART 7 - Transfers, Travelling and Working Away from Usual Place of Work Transfer and appointment expenses Travelling and relieving expenses International travel and relieving expenses Leave and travel concessions - isolated centres Excess travel time Travel associated with delivery - Educators Transfer of employees PART 8 - Training and Related Matters Training, learning and development Professional development and release to industry PART 9 - Union Related Matters Union consultation Union encouragement Union delegates Industrial relations education leave Right of entry Schedule 1 - Educator Classification Standards Schedule 2 - TAFE Services Classification Standards Schedule 3 - Transitional Arrangements - Certain Leading Vocational Teachers Schedule 4 - Certain Short Term Casual Employees and Pieceworkers Schedule 5 - Organisational (Flexible) Hours of Work Arrangements Schedule 6 - Cleaners employed by State Government Departments and Agencies Schedule 7 - Supported Wage System Page 2 of 99

3 PART 1 - Title and Operation 1. Title TAFE Queensland Award State 2016 This minimum safety net Award is known as the TAFE Queensland Award - State Operation Subject to section 824 of the Act, this Award operates from 9 June Definitions and interpretation Unless the context otherwise requires, in this Award: Act means the Industrial Relations Act 1999 afternoon shift means: for Support employees any shift commencing at or after 1200 and at or before 1800; or for Facilities and Operations employees any shift commencing at or after 1000 and before 1800 and finishing subsequent to 1800 and at or before 2400 appointment on merit means a person is employed by TAFE Queensland in a role (other than in a casual engagement), for which they have been assessed by TAFE Queensland as demonstrating superior merit against the key attributes of the role as compared to other applicants Australian Qualifications Framework (AQF) means the national system of recognition for the issue of vocational qualifications base qualification means a qualification which is considered by the Chief Executive to be equivalent to an apprenticeship or similar qualification broken work means where the ordinary hours of duty of a day worker are subject to a break in continuity other than for the purposes of meal breaks to a maximum of one hour and rest pauses calendar year means the period between 1 January and 31 December, inclusive Chief Executive means the Chief Executive Officer of TAFE Queensland classification level comprises a minimum salary rate plus a number of steps/paypoints in a particular stream through which employees will be eligible to progress classification standards means a broad, concise statement of the duties, skills, responsibilities qualifications, and experience indicative of a given classification level Commission means the Queensland Industrial Relations Commission contact time means time spent by an Educator teaching/delivering course content continuous service in the same role means: a role which is essentially the same (e.g. a payroll officer may provide a service to different client groups); or rotation through a range of duties within a generic role description (e.g. rotation through financial and payroll processing duties under a generic entry-level role description); or a cumulative total of two years' service in the same role in TAFE Queensland, provided that the breaks in employment do not exceed a total of three months in the previous two year period Page 3 of 99

4 day shift means any shift worked as part of a non-continuous shift work system which is not an afternoon shift or a night shift day work means a single period of work (excluding a meal break) performed during the spread of ordinary hours which is not part of a non-continuous shift work system day worker means a TAFE Services employees who performs day work dependant means a spouse, de factor partner, or registered partner and a child of the employee under 21 years of age, who is not in receipt of wages per week in excess of the Queensland Minimum Wage Educator means an employee classified under the Educator stream employee means a person employed by TAFE Queensland whose salaries or rates of pay are fixed by this award and who are classified under this Award and engaged in the Queensland Vocational Education and Training Sector Facilities and Operations employees means employees employed in a calling listed in clause 15.2(iii) whose industrial arrangements prior to operation of this Award were underpinned by the pre-modernisation awards in clauses 4.1(iii)(A), (B) and (C) General Manager means the position responsible for a Region increment means an increase in salary from one step/paypoint to the next highest step/paypoint within a classification level Leading Vocational Teacher means an Educator who performs the duties of a Leading Vocational Teacher prescribed in clause S1.3 of Schedule 1 live work means practical work where students performing different tasks on full scale class exercises conducted on campus premises, including workshops as well as at locations external to the campus night shift means: for Support employees any shift commencing at or after 1000 and before 1800 and finishing subsequent to 1800 and at or before 2400; or for Facilities and Operations employees any shift commencing at or after 1800 and before 0600 the following day non-attendance time means those periods of time where Educators are not required to be in attendance at a campus non-contact time means time spent by an Educator undertaking preparation and performing other Regional duties paypoint means the specific rate of remuneration payable to a TAFE Services employee within a classification level permanent means employment on a full-time or part-time basis that is not a temporary or a casual engagement public holiday has the same meaning as that provided in Chapter 2A of Schedule 5 of the Act programmed time means a combination of contact and non-contact time QES means the Queensland Employment Standards contained in Part 2 of Chapter 2A of the Act Page 4 of 99

5 Queensland Vocational Education and Training (VET) sector means education and training delivered by registered training organisations in Queensland including accredited Vocation Education and Training that is regulated by the National Vocational Education and Training Regulator Act 2011 Region means any technical and further education unit of administration operated by TAFE Queensland that provides vocational education and training pursuant to the TAFE Queensland Act 2013 rostered day off means a day, other than a scheduled day off, on which a TAFE Services employee is not rostered for duty as a result of time accrued under the method of working ordinary hours implemented in accordance with clauses 15.2 to (f), inclusive, or clause 15.7 scheduled day off means: for a TAFE Services employee whose ordinary hours of duty are Monday to Friday: Saturday and Sunday; or for a TAFE Services employee whose ordinary hours of duty include a Saturday and/or Sunday: one of the two days each week, or four days each fortnight, that the employee is not rostered for duty in accordance with clause 15.2(g). Depending on the working arrangements, a Saturday and/or Sunday may also be a scheduled day off shift work means work performed by a TAFE Services employee on day shift, afternoon shift or night shift as part of a non-continuous shift work system shift worker means a TAFE Services employee who works shift work spread of hours means the hours of the day within which ordinary hours are worked step means the specific rate of remuneration payable to Educators within a classification level Support employee means an employee whose industrial arrangements prior to operation of this Award were underpinned by the pre-modernisation award listed in clause 4.1(iii)(D) TAFE Services or TAFE Services employee means a Support employee or a Facilities and Operations employee Teacher means an Educator who performs the duties of a Teacher prescribed in clause S1.2 of Schedule 1 teaching team means a team/s of Educators within a Region time off in lieu means compensation for overtime on a time for time basis Tutor means an Educator who performs the duties of a Tutor prescribed in clause S1.1 of Schedule 1 week means that period which commences on a Monday and concludes on the following Sunday Union means one of the industrial organisations mentioned in clause Coverage 4.1 This Award applies to: TAFE Queensland employees: whose salaries or rates of pay are fixed by this award and who are classified under this Award; and who are engaged in the Queensland Vocational Education and Training Sector; and Page 5 of 99

6 (iii) whose industrial arrangements prior to operation of this Award were underpinned by the following pre-modernisation awards: (A) Building Trades Public Sector Award - State 2012; (B) Employees of Queensland Government Departments (Other Than Public Servants) Award - State 2012; (C) Engineering Award - State 2012; (D) Queensland Public Service Award - State 2012; (E) Senior College Teachers' Award - State 2012; (F) TAFE Teachers' Award - State 2012; and short term casual employees and pieceworkers as described in Schedule 4; and the Chief Executive Officer of TAFE Queensland, a legal entity established under the TAFE Queensland Act 2013, in their capacity as the employer of employees covered by this Award; and the following industrial organisations of employees: (iii) (iv) (v) (vi) Automotive, Meals, Engineering, Printing and Kindred Industries Industrial Union of Employees, Queensland; Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland; Electrical Trades Union of Employees Queensland; Queensland Nurses' Union of Employees; Queensland Teachers Union of Employees; Together Queensland, Industrial Union of Employees; and (vii) United Voice, Industrial Union of Employees, Queensland, to the exclusion of any other award. 4.2 The provisions of this Award apply to all employees identified in clause 4.1. However, where a provision of a Schedule to this Award applies to a classification of employees or to identified employees the provisions of the Schedule apply to the extent of any inconsistency. 5. The Queensland Employment Standards and this Award The QES and this Award contain the minimum safety net conditions of employment for employees covered by this Award. 6. Enterprise flexibility and facilitative award provisions 6.1 Enterprise flexibility As part of a process of improvement in productivity and efficiency, discussion should take place at an enterprise level to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction and to encourage consultative mechanisms across the workplace. Page 6 of 99

7 The consultative processes established in an enterprise in accordance with clause 6.1 may provide an appropriate mechanism for consideration of matters relevant to clause 6.1. Union delegates at the place of work may be involved in such discussions. Any proposed genuine agreement reached between TAFE Queensland and employees in an enterprise is contingent upon the agreement being submitted to the Commission in accordance with Chapter 6 of the Act and is to have no force or effect until approval is given. 6.2 Procedures to implement facilitative award provisions Wherever facilitative provisions appear in this Award which allow for determination of the conditions of employment by agreement between the Chief Executive and the Union/s, or the Chief Executive and the majority of employees affected, the following procedures shall apply: (e) (f) (g) (h) Facilitative award provisions can be negotiated between management and employees who are directly affected by such proposals or between management and the Union depending on the particular Award provisions. Employees may be represented by their local Union delegate/s and shall have the right to be represented by their local Union official/s. Facilitative Award provisions can only be implemented by agreement. In determining the outcome from facilitative provisions neither party should unreasonably withhold agreement. Agreement is defined as obtaining consent of greater than 50% of employees directly affected or of the Union depending upon the particular Award provisions. Where a provision refers to agreement by the majority of employees affected, all employees directly affected shall be consulted, where practicable, as a group, or in groups. Should the consultation process identify employees with specific concerns which relate to either equity or occupational health and safety issues, such concerns may be catered for on an individual basis subject to operational requirements. Any agreement reached must be documented and shall incorporate a review period. Where the agreement relates to the working of ordinary hours on other than a Monday to Friday basis, the introduction of shift work or change to the shift roster, the relevant Union/s are to be notified in writing at least one week in advance of agreement being sought. PART 2 - Dispute Resolution 7. Dispute resolution 7.1 Prevention and settlement of disputes The objectives of this procedure are the avoidance and resolution of any disputes over matters covered by this Award by measures based on the provision of information and explanation, consultation, co-operation and negotiation. Subject to legislation, while the dispute procedure is being followed normal work is to continue except in the case of a genuine safety issue. The status quo existing before the emergence of a dispute is to continue whilst the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work. Page 7 of 99

8 There is a requirement for management to provide relevant information and explanation and consult with the appropriate employee representatives. In the event of any disagreement between the parties as to the interpretation or implementation of this Award, the following procedures shall apply: (iii) (iv) the matter is to be discussed by the employee's Union representative and/or the employee/s concerned (where appropriate) and the immediate supervisor in the first instance. The discussion should take place within 24 hours and the procedure should not extend beyond 7 days; if the matter is not resolved as per clause 7.1, it shall be referred by the Union representative and/or the employee/s to the appropriate management representative who shall arrange a conference of the relevant parties to discuss the matter. This process should not extend beyond 7 days; if the matter remains unresolved it may be referred to the Chief Executive for discussion and appropriate action. This process should not exceed 14 days; if the matter is not resolved then it may be referred by either party to the Commission. (e) Nothing contained in this procedure shall prevent a Union or TAFE Queensland from intervening in respect of matters in dispute should such action be considered conducive to achieving resolution. 7.2 Employee grievance procedures The objectives of the procedure are to promote the prompt resolution of grievances by consultation, co-operation and discussion to reduce the level of disputation and to promote efficiency, effectiveness and equity in the workplace. The following procedure applies to all industrial matters within the meaning of the Act: Stage 1: Stage 2: Stage 3: In the first instance the employee shall inform such employee's immediate supervisor of the existence of the grievance and they shall attempt to solve the grievance. It is recognised that an employee may exercise the right to consult such employee's Union representative during the course of Stage 1. If the grievance remains unresolved, the employee shall refer the grievance to the next in line management ("the manager"). The manager will consult with the relevant parties. The employee may exercise the right to consult or be represented by such employee's Union representative during the course of Stage 2. If the grievance is still unresolved, the manager will advise the Chief Executive and the aggrieved employee may submit the matter in writing to the Chief Executive if such employee wishes to pursue the matter further. If desired by either party the matter shall also be notified to the relevant Union. The Chief Executive shall ensure that: the aggrieved employee or such employee's Union representative has the opportunity to present all aspects of the grievance; and the grievance shall be investigated in a thorough, fair and impartial manner. Page 8 of 99

9 (e) (f) (g) The Chief Executive may appoint another person to investigate the grievance. The Chief Executive may consult with the relevant Union in appointing an investigator. The appointed person shall be other than the employee's supervisor or manager. If the matter is notified to the Union, the investigator shall consult with the Union during the course of the investigation. The Chief Executive shall advise the employee initiating the grievance, such employee's Union representative and any other employee directly concerned of the determinations made as a result of the investigation of the grievance. The Chief Executive may delegate such Chief Executive's grievance resolution powers under clause 7.2 to a nominated representative. The procedure is to be completed in accordance with the following time frames unless the parties agree otherwise: Stage 1: Stage 2: Stage 3: Discussions should take place between the employee and such employee's supervisor within 24 hours and the procedure shall not extend beyond 7 days. Not to exceed 7 days. Not to exceed 14 days. (h) (j) If the grievance is not settled the matter may be referred to the Commission by the employee or the Union. Subject to legislation, while the grievance procedure is being followed normal work is to continue except in the case of a genuine safety issue. The status quo existing before the emergence of a grievance or dispute is to continue while the procedure is being followed. No party shall be prejudiced as to the final settlement by the continuation of work. Where the grievance involves allegations of sexual harassment an employee should commence the procedure at Stage 3. PART 3 - Types of Employment, Consultation and Termination of Employment 8. Types of employment An employee may be employed on a full-time, part-time or casual basis. 8.1 Full-time employment A full-time employee is one that is engaged to work an average of hours per week, unless 38 hours is specified elsewhere in this Award. 8.2 Part-time employment A part-time employee is an employee who: is engaged to work a regular pattern of ordinary hours each week which are less than the ordinary hours worked by an equivalent full-time employee; and receives, on a pro rata basis, the same salary and conditions of employment to those of an equivalent full-time employee who performs the same kind of work. For each ordinary hour worked a part-time employee shall be paid no less than: Page 9 of 99

10 1/72.5th of the minimum fortnightly rate of pay for their classification level where an equivalent full-time employee's ordinary hours of work are hours per week; or 1/76th of the minimum fortnightly rate of pay for their classification level where an equivalent full-time TAFE Services employee's ordinary hours of work are 38 hours per week. The minimum payment on any day when work is performed shall be for 2 hours in respect to each engagement for TAFE Services employees and 1 hour for cleaners in small educational facilities, which require the engagement of only one cleaner. Additional ordinary hours - TAFE Services By mutual agreement with TAFE Queensland, a part-time TAFE Services employee may elect to work additional ordinary hours above their regular hours, up to and including fulltime equivalent hours. The additional hours so worked are also to be taken into account in the pro rata calculation of all entitlements. Any such additional hours are to be treated as follows: (A) (B) day workers - additional hours worked within the spread of ordinary hours prescribed in clause 15.4 are to be either paid for at the ordinary hourly rate or where organisational (flexible) hours of work arrangements apply, accrued as prescribed in clause 8.2(e); shift workers - to be paid for at the ordinary hourly rate. (e) Additional ordinary hours where flexible working hours arrangements apply Subject to clause 8.2(e), where organisational (flexible) hours of work arrangements as prescribed in clause and Schedule 5 of this Award apply to a part-time TAFE Services employee working day work, any additional ordinary hours worked above 7.25 hours and up to 9.5 hours on any one day will be credited as accrued time. Where any such additional hours are performed on a day not ordinarily worked by the part-time TAFE Services employee working day work as part of their regular work pattern: (A) (B) such additional ordinary hours to a total of 7.25 ordinary working hours per day shall be paid for at the ordinary hourly rate which will be taken into account in the pro rata calculation of all entitlements or, at the election of the TAFE Services employee, be credited as accrued time; and such additional ordinary hours that exceed a total of 7.25 ordinary working hours per day will be credited as accrued time. (f) (g) (h) Subject to clauses 8.2 and (e) all time worked by a part-time TAFE Services employee in excess of the agreed hours on any one day or, in the case of a day worker, outside the spread of ordinary hours prescribed in clause 15.4, is to be paid at the appropriate overtime rate prescribed in clauses 18.2, 18.3 or 18.4, as the case may be. Part-time TAFE Services employees are eligible for payment of salary increments in accordance with the provisions of clause Voluntary return from permanent part-time to permanent full-time employment - Educators A Teacher or a Leading Vocational Teacher employed full-time prior to transferring to parttime employment and who requests to voluntarily return to full-time employment is guaranteed return to full-time teaching at the earliest available opportunity. Page 10 of 99

11 (iii) (iv) In general, 3 months' notice will be required prior to return to permanent full-time employment. However, the parties recognise that problems may occur in smaller campuses which necessitate a longer waiting period. In these cases, the return to permanent full-time employment will be subject to a vacancy arising but wherever possible will occur no later than the commencement of the following year, provided that the appropriate notice has been given. Where TAFE Queensland believes that a return to full-time teaching will not be possible by the commencement of the following year, TAFE Queensland will notify the Educator and the relevant Union at the earliest opportunity of this fact and the circumstances preventing a return to permanent full-time employment. Subject to clause 7.2 of this Award, the parties will negotiate a return to full-time teaching. Wherever possible, TAFE Queensland will waive notice requirements for return to fulltime teaching in emergent or compassionate circumstances. Involuntary return from permanent part-time to permanent full-time employment The parties acknowledge that circumstances as agreed to from time to time will arise where continuation of part-time hours of work will present difficulties for efficient resourcing. An employee considered to be in such a situation will be approached by TAFE Queensland to negotiate a return to permanent full-time employment. 8.3 Casual employment A casual employee is an employee who is engaged and paid as such. A casual employee cannot be employed to work more ordinary hours than are worked by an equivalent full-time employee each week or fortnight, as the case might be. A casual employee is entitled to receive, on a pro rata basis, the same pay and conditions of employment, other than leave entitlements, to those of an equivalent full-time employee who performs the same kind of work. For each hour worked a casual employee shall be paid no less than: 1/72.5th of the minimum fortnightly rate of pay for their classification level where an equivalent full-time employee's ordinary hours of work are an average of hours per week; or 1/76th of the minimum fortnightly rate of pay for their classification level where an equivalent full- time TAFE Services employee's ordinary hours of work are an average of 38 hours per week, plus a casual loading of 23%. The casual loading of 23% is paid instead of annual leave, paid personal/carer's leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment. The loading constitutes part of the casual employee's salary for the purpose of calculating overtime, weekend penalties, public holiday and shift payments, where relevant. (e) The long service leave entitlement of casual employees is recorded in clause 24. (f) Each casual engagement for a TAFE Services employees stands alone with a minimum payment as for 2 hours' work. Page 11 of 99

12 (g) (h) Casual TAFE Services employees are eligible for payment of salary increments in accordance with the provisions of clause 12.12(iii). The following conditions shall be applicable to casual Educators: a casual Teacher shall be paid the hourly equivalent of classification level Teacher, step 4 provided in clause 12.3; (iii) (iv) (v) (vi) the hourly rate in clause 8.3(h) shall be calculated by dividing the appropriate fortnightly salary by 42 and adding 23% for engagements between the hours of 0800 and 1800 Monday to Friday; the hourly rate referred to in clause 8.3(h) includes payment for programmed time; a casual Tutor shall be paid the hourly equivalent of 70% of classification level Teacher, step 4 provided in clause 12.3 of this Award. The hourly rate provision for a casual Tutor shall be calculated by dividing the appropriate fortnightly salary by 64 and adding 23% for engagements between the hours of 0800 and 1800 Monday to Friday; the number of hours that a casual Tutor is engaged for must reflect the number of hours that they are programmed for Tutoring duties; all teaching/tutoring hours worked before 0800 and after 1800 Monday to Friday or on Saturday shall be paid at one and one-half times the ordinary hourly rate; (vii) all teaching/tutoring hours worked on Sundays shall be paid at double the ordinary hourly rate; (viii) all teaching/tutoring hours worked on public holidays shall be paid at double time and onehalf the ordinary hourly rate; (ix) where casual teaching/tutoring is allotted owing to an unscheduled staff shortage caused by sick leave, special leave or any other emergency, payment shall be made at the applicable rate specified in clauses 8.3(h) to (viii). 8.4 Review of temporary employment Where a temporary employee has completed 2 years' of continuous service in the same role with TAFE Queensland, a review of the temporary status will be undertaken and the General Manager will determine whether the employee will be converted to permanent status at level. 8.5 Recognition of previous service Employees who are appointed, reappointed, engaged, or re-engaged to work in TAFE Queensland are entitled to recognition of previous service for the purpose of calculating sick leave accumulation, long service leave entitlements and the paid parental leave qualifying period. Previous service will be within 12 months of ceasing employment with one of the following employers: (iii) (iv) A government entity as defined in section 24 of the Public Service Act 2008 (QLD); Service as an Electorate Secretary to a Queensland Member of Parliament; Service with Mater Misericordiae Public Hospitals; Local government; Page 12 of 99

13 (v) (vi) The Parliamentary Service; The unit maintaining the Governor's official residence; (vii) The Courts of the State of all jurisdictions; (viii) The Police Service; (ix) (x) (xi) Tertiary educational institutions including universities, university colleges and colleges of advanced education but excluding private universities and colleges; Commonwealth/other state public services, state government departments, or statutory authorities; Commonwealth hospitals and public hospital in other states; (xii) Commonwealth authorities (e.g. Territories) and local authorities in other states; and (xiii) Organisations fully owned by the Commonwealth, Queensland or other state government (e.g. government owned corporations including shared ownership across governments). Notwithstanding clause 8.5, casual employees are entitled to recognition of previous service for the purpose of calculating long service leave entitlements and the paid parental leave qualifying period. Notwithstanding clause 8.5, previous service for casual and temporary employees will be within 12 months of ceasing employment with an employer as prescribed in clause Probationary employment Except where TAFE Queensland and an employee agree to a different period or no period of probation prior to commencement of employment, the engagement of a full-time or part-time employee will in the first instance be subject to a probationary period of 3 months' duration. If a period of probation of longer than 3 months is agreed, it must: be agreed in writing; and be a reasonable period having regard to the nature and circumstances of the employment. TAFE Queensland may terminate the employment of an employee who is on probation at any time during the probationary period. Where an employee's service is considered satisfactory or where an employee's service exceeds the designated probationary period or agreed extension the employee's appointment shall be deemed to be confirmed. 8.7 Anti-discrimination In fulfilling their obligations under this Award, the parties must take reasonable steps to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects. Discrimination includes: discrimination on the basis of sex, relationship status, family responsibilities, pregnancy, parental status, breastfeeding, age, race, impairment, religious belief or religious activity, political belief or activity, trade union activity, lawful sexual activity, gender identity, sexuality and association with, or in relation to, a person identified on the basis of any of the above attributes; Page 13 of 99

14 (iii) sexual harassment; and racial and religious vilification. Nothing in clause 8.7 is to be taken to affect: any different treatment (or treatment having different outcomes) which is specifically exempted under the Anti-Discrimination Act 1991; an employee, TAFE Queensland or registered organisation, pursuing matters of discrimination, including by application to the Australian Human Rights Commission/Anti- Discrimination Commission Queensland. 9. Termination of employment 9.1 Notice of termination by TAFE Queensland Notice of termination by TAFE Queensland is provided for in Division 9 of the QES. Clauses 9.2 to 9.5 supplement the QES provisions. 9.2 Notice of termination by an employee Unless otherwise agreed between TAFE Queensland and an employee the notice of termination required by an employee, other than a casual employee, will be 2 weeks or 2 weeks' salary forfeited in lieu. If an employee fails to give the required notice TAFE Queensland will have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of salary for the period of notice not provided. 9.3 Notice cannot be offset In the absence of mutual agreement between TAFE Queensland and the employee, annual leave or any part thereof cannot be considered as or nominated as notice for the purpose of giving notice of termination of employment. 9.4 Job search entitlement Where TAFE Queensland has given notice of termination to an employee for reasons other than redundancy, the employee must be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. This time off is to be taken at times that are convenient to the employee after consultation with TAFE Queensland. 9.5 Statement of employment TAFE Queensland shall, in the event of termination of employment, provide upon request to an employee who has been terminated a written statement specifying the period of employment and the classification level or type of work performed by the employee. 10. Redundancy 10.1 Redundancy pay Redundancy pay is provided for in Division 9 of the QES. Clauses 10.1 to (f) and 10.2 to 10.9 supplement the QES provisions. Permanent employees with a minimum of 12 months' service who are made redundant or retrenched are entitled to redundancy pay prescribed in clauses 10.1 and. Page 14 of 99

15 (e) (f) Redundancy pay is 2 weeks' pay per full time equivalent year of service, paid at the employee's ordinary time rate of pay (excluding overtime, allowances and other ancillary payments), and a proportionate amount for an incomplete year of service, calculated at the employee's substantive classification level. Redundancy pay will be a minimum four weeks' pay and a maximum of 52 weeks' pay. The Chief Executive may offer a permanent employee an incentive payment of $6,500 or the equivalent of 12 weeks' pay at the employees substantive classification level (whichever is greater) to encourage the employee to exit TAFE Queensland on or by a specified date. Notwithstanding clause 10.1(e), the incentive payment is inclusive of payment in lieu of notice and reduces by the equivalent of 1 week's pay for each week the employee delays leaving TAFE Queensland after a specified date Consultation before termination Where TAFE Queensland decides that it no longer wishes the job an employee/s has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, TAFE Queensland shall consult the employee/s directly affected and, where relevant, their Union/s. The consultation will take place as soon as it is practicable after TAFE Queensland has made a decision which will invoke the provisions of clause 10.2 and shall cover the reasons for the proposed terminations and measures to avoid or minimise the terminations and/or their adverse effects on the employee/s concerned. For the purpose of the consultation TAFE Queensland will, as soon as practicable, provide in writing to the employee/s concerned and, where relevant, their Union/s, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out. Notwithstanding the provision of clause 10.2, TAFE Queensland shall not be required to disclose confidential information, the disclosure of which would be adverse to TAFE Queensland's interests Transfer to lower paid duties Where an employee is transferred to lower paid duties by reason of redundancy the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under the redundancy pay provisions of the QES. TAFE Queensland may, at its option, make payment in lieu thereof of an amount equal to the difference between the former amounts TAFE Queensland would have been liable to pay and the new lower amount TAFE Queensland is liable to pay the employee for the number of weeks of notice still owing. The amounts must be worked out on the basis of: the ordinary working hours to be worked by the employee; and the amounts payable to the employee for the hours including, for example, allowances, loadings and penalties; and Page 15 of 99

16 (iii) any other amounts payable under the employee's employment contract Employee leaving during notice period An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to the same benefits and payments they would have received under this clause had they remained in employment until the expiry of such notice, but is not entitled to payment instead of notice Job search entitlement An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee must, at the request of TAFE Queensland, produce proof of attendance at an interview or the employee will not receive payment for the time absent. For the purpose of this clause a statutory declaration will be sufficient. Clause 10.5 applies instead of clause 9.4 in cases of redundancy Transmission of business Where a business is, whether before or after the date of commencement of this Award, transmitted from TAFE Queensland (transmittor) to another employer (transmittee) and an employee who at the time of such transmission was an employee of the transmittor of the business becomes an employee of the transmittee: the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. In clauses 10.6 and 10.7, 'business' includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and 'transmission' includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and 'transmitted' has a corresponding meaning Exemption where transmission of business The provisions of clause 10.6 are not applicable where a business is, before or after the date of commencement of this Award, transmitted from TAFE Queensland (transmittor) to another employer (transmittee) in any of the following circumstances: where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or where the employee rejects an offer of employment with the transmittee: in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and Page 16 of 99

17 which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee Alternative employment TAFE Queensland, in a particular case, may make application to the Commission to have the general severance pay prescription amended if TAFE Queensland obtains acceptable alternative employment for an employee Employees exempted Clauses 10.1 to 10.8 shall not apply: where employment is terminated as a consequence of misconduct on the part of the employee; or to an employee engaged for a specific period or task/s; or to a casual employee; or to an employee with less than one year's continuous service, in which case the general obligation on TAFE Queensland should be no more than to give the relevant employee an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employee of suitable alternative employment. 11. Consultation - Introduction of changes 11.1 TAFE Queensland's duty to notify Where TAFE Queensland decides to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, TAFE Queensland shall notify the employees who may be affected by the proposed changes and, where relevant, their Union/s. 'Significant effects' includes termination of employment; major changes in the composition, operation or size of TAFE Queensland's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Where the Award makes provision for alteration of any of the matters referred to in clauses 11.1 and an alteration shall be deemed not to have significant effect TAFE Queensland's duty to consult over change TAFE Queensland shall consult the employees affected and, where relevant, their Union/s about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, TAFE Queensland intends to carry out the dismissals) and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment). The consultation must occur as soon as practicable after making the decision referred to in clause For the purpose of such consultation TAFE Queensland shall provide in writing to the employees concerned and, where relevant, their Union/s, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees. Page 17 of 99

18 Notwithstanding the provision of clause 11.2 TAFE Queensland shall not be required to disclose confidential information, the disclosure of which would be adverse to TAFE Queensland's interests. PART 4 - Minimum Salary Levels, Allowances and Related Matters (Note: The wage rates and salary levels prescribed in this Award do not apply to employees to whom the provisions of Schedule 7 (Supported Wage) apply.) 12. Classifications and minimum salary levels 12.1 Classification structure Employees covered by this Award are to be classified into one of the five streams as follows: Educator stream The Educator stream comprises those roles, the duties of which apply to the functional areas identified in clause 12.1, the incumbents of which are required to possess a range of skills appropriate to the stream. The functional areas include tutoring and teaching. Administrative stream The Administrative stream comprises those roles, the duties of which apply to the functional areas identified in clause 12.1, the incumbents of which are required to possess a range of skills appropriate to the stream. The functional areas include TAFE Queensland administration, human resource management, finance, customer service, development and implementation of policy, information and advisory services. Professional stream The Professional stream comprises roles: to which are attached a mandatory degree qualification or agreed equivalent as determined by the Chief Executive; and the duties of which reflect: (A) (B) a combination of practitioner and/or specialist responsibilities; or an identifiable specialisation/management in a profession. Technical stream The Technical stream comprises roles: to which are attached a mandatory diploma, advanced diploma or agreed equivalent as determined by the Chief Executive; and the duties of which reflect: Page 18 of 99

19 (A) (B) a combination of practitioner and/or specialist responsibilities providing direct assistance to, but on occasion acting in isolation from, other employees; and/or supervision of employees. (e) Operational stream The Operational stream comprises those roles, the duties of which apply to various functional areas, the incumbents of which are required to possess a range of skills appropriate to this stream Allocation to stream and classification levels Allocation of employees to the Educator, Administrative, Professional, Technical and Operational streams and to classification levels within those streams shall be in accordance with the classification standards contained in Schedules 1 and 2. Where a new position is created and its allocation cannot be determined the matter may be discussed with the relevant employee/s and, where requested, their representative, and/or referred to the Commission for resolution. Notwithstanding anything contained elsewhere in this Award, an applicant who is appointed to a TAFE Services position may, at the discretion of TAFE Queensland, be offered and appointed to any paypoint within a level based on recognition of skills, knowledge and abilities Minimum salary levels Educator stream Subject to the provisions of Schedule 3, the minimum salaries payable to Educators covered by this Award are prescribed in the table below: Classification Level Award Rate¹ Per Fortnight $² Annual Salary 3 $² Tutor Step 1 1,822 47,534 Step 2 1,875 48,917 Step 3 1,946 50,769 Step 4 2,021 52,726 Step 5 2,112 55,100 Teacher Step 1 2,442 63,709 Step 2 2,552 66,579 Step 3 2,662 69,449 Step 4 2,773 72,345 Step 5 2,887 75,319 Step 6 3,000 78,267 Step 7 3,114 81,241 Leading Vocational Teacher Step 1 3,190 83,224 Step 2 3,266 85,207 Step 3 3,342 87,189 Notes: ¹ Includes the arbitrated wage adjustment payable under the 1 September 2015 Declaration of General Ruling. ² Rounded to the nearest dollar. ³ Annual salaries (fortnightly rate x ) are for reference purposes only. Page 19 of 99

20 Administrative stream The minimum salaries payable to TAFE Services employees within the Administrative stream, including employees under 21 years of age, are prescribed in the table below: Classification Level Paypoint Relativity to Age 21 Rate % Award Rate¹ Per Fortnight $² Annual Salary 3 $² Level ,287 33, ,371 35, ,455 37,959 Level 2 Age , , ,714 44, ,757 45, ,801 46, ,845 48, ,889 49, ,937 50, ,991 51,943 Level 3 1 2,121 55, ,200 57, ,278 59, ,355 61,440 Level 4 1 2,493 65, ,572 67, ,653 69, ,733 71,301 Level 5 1 2,875 75, ,956 77, ,037 79, ,118 81,346 Level 6 1 3,287 85, ,362 87, ,437 89, ,511 91,598 Level 7 1 3,667 95, ,755 97, , , , ,452 Level 8 1 4, , , , , , , ,739 Notes: ¹ Includes the arbitrated wage adjustment payable under the 1 September 2015 Declaration of General Ruling. ² Rounded to the nearest dollar. ³ Annual salaries (fortnightly rate x ) are for reference purposes only. 4 Identifies the minimum salary payable to an employee aged 21 years and over classified in the Administrative stream. Page 20 of 99

21 Professional stream The minimum salaries payable to TAFE Services employees within the Professional stream, including employees under 21 years of age, are prescribed in the table below: Classification Level Paypoint Relativity to Age 21 Rate % Award Rate¹ Per Fortnight $² Annual Salary 3 $² Level ,323 34, ,445 37, ,567 40,881 Age , , ,813 47, ,885 49, ,966 51,291 Level 2 1 2,119 55, ,232 58, ,346 61, ,461 64, ,576 67, ,689 70,153 Level 3 1 2,820 73, ,904 75, ,988 77, ,072 80,145 Level 4 1 3,265 85, ,347 87, ,429 89, ,511 91,598 Level 5 1 3,667 95, ,755 97, , , , ,452 Level 6 1 4, , , , , , , ,739 Notes: ¹ Includes the arbitrated wage adjustment payable under the 1 September 2015 Declaration of General Ruling. ² Rounded to the nearest dollar. ³ Annual salaries (fortnightly rate x ) are for reference purposes only. 4 Identifies the minimum salary payable to an employee aged 21 years and over classified in the Professional stream. Page 21 of 99

22 Technical stream The minimum salaries payable to TAFE Services employees within the Technical stream, including employees under 21 years of age, are prescribed in the table below: Classification Level Paypoint Relativity to Age 21 Rate % Award Rate¹ Per Fortnight $² Annual Salary 3 $² Level ,323 34, ,445 37, ,567 40,881 Age , , ,813 47, ,885 49, ,966 51,291 Level 2 1 1,998 52, ,068 53, ,140 55, ,212 57, ,284 59, ,355 61,440 Level 3 1 2,493 65, ,558 66, ,623 68, ,689 70,153 Level 4 1 2,820 73, ,908 75, ,996 78,163 Level ,118 81,346 3,208 83,694 3,298 86,042 3,388 88,390 Level 6 1 3,495 91, ,581 93, ,667 95,668 Notes: ¹ Includes the arbitrated wage adjustment payable under the 1 September 2015 Declaration of General Ruling. ² Rounded to the nearest dollar. ³ Annual salaries (fortnightly rate x ) are for reference purposes only. 4 Identifies the minimum salary payable to an employee aged 21 years and over classified in the Technical stream. Page 22 of 99